Lincoln County Commission expresses concerns regarding land transfer to Mescalero

Lincoln County commissioners didn't hedge Tuesday about their opposition to any attempt by the Mescalero Apache Tribe to acquire the portion of Ski Apache Resort that sits on national forest land.

They directed County Manager Nita Taylor to draft a letter stating their position that Smokey Bear District Ranger Dave Warnack could take with him to a scheduled meeting with tribal officials Thursday. Commission Chairman Jackie Powell also expressed her disappointment in the state's congressional leadership for failing to alert county officials about the proposal by the tribe to add about 860 acres at the ski resort to their reservation either through a land swap or by congressional action.

The main concern of commissioners focused on the headwaters of the Rio Ruidoso, which lies on the targeted land.

Under his monthly report to commissioners, Warnack, who heads the Smokey Bear District of the Lincoln National Forest, said he wanted to brief them on the latest developments of a critical issue that was the topic of an article a week earlier in the Ruidoso News. The story detailed a proposal by the MAT for acquisition of national forest land at Ski Apache.

"The tribe has discussed the possibility of acquiring about 860 acres currently leased through a special use permit," he said. "There have been two meetings so far between tribal representatives and officials in the Southwestern Regional Office of the Forest Service, our counterparts in Albuquerque who manage national forests in New Mexico and Arizona.

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Research and assessment are occurring at the local and regional levels in concert with Washington D.C. officials on existing authority for a land exchange, he said. At the same time, "The tribe is exploring the option of acquiring (the land) through congressional legislation," he said. "We're examining and assessing the long-term impact on resources. The USFS does understand the land is very important to the residents of Lincoln County." No decision at any level in the USFS will occur without public input and going through the steps required by the National Environmental Policy Act, he said. They will continue to discuss the issue and to refine some of the concerns, he said, adding that at least from the USFS's viewpoint, public input is valuable.

All about water

"I have a meeting in Alamogordo with (MAT representatives) this Thursday," Warnack said. "I wanted to let you know it may be helpful to have opinion of the commission or to have known issues or concerns."

Powell welcomed the chance to state her position.

"I would like to take action right now," she said. "Personally, I'm vehemently against, and that is not a strong enough word, the transfer of (the land) with the headwaters, as well as hiking and recreation. I think this commission should write a strong letter that it shouldn't even be a consideration."

Commissioner Preston Stone agreed. "My biggest concern has nothing to do with a land exchange. It doesn't matter if it is public or private land. It's not worth a penny without water. It is not a land issue, it's a water issue. I think the Forest Service needs to understand when you do an exchange with a sovereign nation, any controls you might have had are kicked out the door. This has nothing to do with land, recreation or any of the above. It's strictly water."

Commissioner Kathryn Minter said while she understands the frustration of tribal members who think the forest could have been managed better and that tribal fire fighters could have responded faster to avoid some of the destruction from the Little Bear Fire last June, the tribe already tried in the 1980s to acquire more water rights and that lawsuit spanned eight years.

"I think we should write a letter or something against this transfer," she said.

Commissioner Dallas Draper asked if any legislation was pending in Congress about the acquisition. "One bill was shot down, I know," he said.

"Not that I know of," Warnack replied.

Commissioner Mark Doth said he echoed all the comments by commissioners. "I wanted to add that this would be unprecedented in its scope mainly for the transfer of water. The original intent of the national forest system was to protect headwaters for the communities and this would nullify the original intent. I strongly encourage this commission to fight this every way possible." He offered a motion to that effect, seconded by Powell.

Warnack told commissioners he wanted to make it clear that the conversations on the issue to date occurred at a much higher level than the Smokey Bea Ranger District. "I am informing the commission of what I know at this point, because I can," he said. "There never was any attempt to keep this from this commission. I'm trying to be as transparent as I possibly can on issues facing the forest. Thank you for understanding."

Congressional delegation

Powell said she felt let down by members of Congress from New Mexico. "I'm disappointed in our congressional leadership for not bringing this to our attention," she said. "We do have a Comprehensive Plan and anything involving public lands is supposed to come before this commission for collaboration, and they've told us nothing."

Later in the day, Warnack also spoke to the Ruidoso village council about the proposal.

After hearing Warnack's information, Councilor Lynn Crawford asked, "Before there are any more decisions, or any decisions on this, will there be public hearings on this, so we can actually participate?"

Warnack assured him that any administrative action by Forest Service would necessitate public input. He and his peers welcome input from the council, he said. Going through the NEPA process entails multiple points of public involvement, he said. But he wasn't sure on the congressional side.

"The headwaters of Rio Ruidoso would impact us," Crawford said. "I know (the Little Bear Fire) pushed this forward. I talked to some (tribal members) and read in the newspaper (about criticism of forest management). Is that what started this or was it something that was coming along for a long time. I wasn't aware of it."

Warnack said he understood that similar proposals were introduced in the 1960s and 1970s. "All I know is that we received this proposal and I can't speculate on motivations," he said.

During an interview with Mescalero President Frederick Chino for the story published in the Ruidoso News on April 26, the leader said tribal officials believe they are in a better position to protect the land and that consolidation of the resort under the reservation is a logical move in an attempt to be a good neighbor. In that same article, the chief of staff for U.S. Rep. Steve Pearce, a Republican from the 2nd Congressional District of New Mexico, acknowledged the contact by the MAT, but offered assurance that any acquisition proposal would receive ample public exposure and that the congressman would not want to harm downstream water users.